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Board of Educ. v. Mars Assoc., Normel Constr

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1991
172 A.D.2d 214 (N.Y. App. Div. 1991)

Opinion

April 4, 1991

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


Upon review of the record, we find that the IAS Court properly dismissed all third party complaints and cross-claims for contribution and indemnity.

In the early 1970's plaintiff Board of Education of the City of New York contracted with Mars/Normel to construct six public schools. Mars/Normel subcontracted with Bayside to install the roofs and Johns-Manville supplied the roofing materials to Bayside. After defects were discovered in the roofing work resulting in cracks and water leakage, the Board of Education commenced the instant action against defendants and their sureties to recover monetary damages. In 1984 the Board of Education executed a general release with Johns-Manville pertaining to "any and all claims related to or in connection with the Johns-Manville roofing materials installed by Bayside" in the six schools. This release served as a bar to the contribution claims asserted by appellants Mars/Normel and Bayside. (See, General Obligations Law § 15-108 [b].) Similarly, the indemnification claims asserted against Johns-Manville were properly dismissed as plaintiff's causes of action were contractual and not tortious in nature, and no legal duty independent of the contract itself was shown to have been violated. (See, Board of Educ. v. Sargent, Webster, Crenshaw Folley, 71 N.Y.2d 21, 28-29; Dormitory Auth. v. Scott, 160 A.D.2d 179, lv denied 76 N.Y.2d 706.)

We have considered the appellants' remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Carro, Rosenberger, Ellerin and Kupferman, JJ.


Summaries of

Board of Educ. v. Mars Assoc., Normel Constr

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1991
172 A.D.2d 214 (N.Y. App. Div. 1991)
Case details for

Board of Educ. v. Mars Assoc., Normel Constr

Case Details

Full title:BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent, v. MARS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 4, 1991

Citations

172 A.D.2d 214 (N.Y. App. Div. 1991)
568 N.Y.S.2d 68

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